Donnybrook - Burgman, Doreen REVIEWED BY HAMIILTON c.,
COUNTY AUDITOR'S OFFICE
D-3 d of 20 04
Cross Reference to Prior Deed of Record: Warranty Deed, Inst. 9909918181, in the Hamilton County, Indiana
Recorder's Office
200400043416
Filed for Record in
P. HAMILTON COUNTY INDIANA
v EASEMENT AGREEMENT JENNIFER 4 HAYDEN
O 1 E ASE M E N TS At 10:40 00
EASEMENTS 22.00
This Easement Agreement (this "Agreement is made and entered into this 4i-c day of
r2� 200Tby and between DOREEN Y. BURGMAN "Grantor and THE
CITY OF CARMMEL, INDIANA "Grantee
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel located in Hamilton
County, Indiana more particularly described as follows:
See Exhibit A attached hereto and incorporated herein.
B. Grantee, in connection with Grantee's improvement and widening of 116 Street
and Grantee's construction of certain storm water drainage improvements related to such
widening and located in the vicinity of the intersection of 116 Street and Carmel Creek (the
"Project requires a permanent easement over a portion of the Grantor Parcel which permanent
easement area (herein referred to as the "Permanent Easement Parcel is more particularly
described as follows:
See Exhibit B attached hereto and incorporated herein.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises
and covenants set forth herein, the parties herCeto agree as follows:
1. Grant of Permanent Access. Drainage and Ma Easement. Grantor
hereby grants and conveys to Grantee an exclusive, perpetual easement over, under; through and
across the Permanent Easement Parcel for the purpose of:
(a) Storm water drainage.
(b) Access, ingress and egress for the initial installation, future maintenance,
repair and replacement of (i) "rip rap" along the bank of Carmel Creek, (ii) other
improvements related to the Project and (iii) future improvements conducive to the
drainage of storm water.
(c) Removal, without liability to Grantee (except as otherwise provided below),
of any "Improvements" (hereinafter defined) located within the Permanent Easement Parcel,
whether now existing or hereafter placed or constructed; provided, however, Grantee shall
be solely responsible for the cost and expense of removing. any Improvements existing as of
the date hereof and identified on Exhibit C attached hereto and incorporated herein by this
reference, and Grantor shall reimburse Grantee (within thirty (30) days following written
demand therefor) the cost and expense of removing any Improvements placed or
constructed thereon at any time after the date hereof unless such Improvements are either
constructed by Grantee pursuant to (b) above, or approved by Grantee in advance in writing
which approval may be withheld in Grantee's sole discretion. The term "Improvements" in
the immediately preceding sentence hereof shall include, without limitation, fences,
buildings, structures, asphalt or concrete paving, curbing or other similar improvements,
trees, bushes, earthen or other mounds, levees or berms, and other structures.
2. Obligations of Grantee. Subject to the terms described in Section 1, Grantee shall
restore the Permanent Easement Parcel, to the extent practicable, to the condition as existed prior to
the commencement of the Project.
3. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees,
heirs, successors and assigns, and others to whom Grantor may grant rights or easements, the right
to use the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing rights granted to Grantee.
4. Obligations of Grantor. Unless the prior written consent of Grantee is obtained as
aforesaid, Grantor shall keep the Permanent Easement Parcel free of any and all Improvements
(other than those placed or constructed by Grantee). Grantor shall mow and care for the grass
located within the Permanent Easement Parcel and shall keep the Permanent Easement Parcel free'
from debris, silt, weeds, refuse and any other obstructions.
5. Easement and Covenants Appurtenant. The easement and other rights granted,
created and made herein, together with the benefits thereof, shall run with the Grantor Parcel and
inure to the benefit of Grantee and its grantees, successors and assigns. The easement granted,
created and made herein, together with the burdens thereof, shall run with and bind the Grantor
Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants and
agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof,
shall be deemed to be real covenants which touch and concern the Permanent Easement Parcel
and the Grantor Parcel, as applicable, shall run with the Permanent Easement Parcel and the
Grantor Parcel, and shall inure to the benefit of and be binding upon Grantor and Grantee, as
applicable, and their respective grantees, successors and assigns. All covenants and agreements
hereunder may be enforced by an action for specific performance, and in the event that a party
breaches any such covenant or- agreement, the other party may exercise any remedy available
hereunder, at law or in equity, and recover from the breaching party all amounts expended in
connection with exercising any such remedy (including without limitation, court costs and
a fees).
6. Notices. Any and all notices, demands, requests, submissions, approvals,
consents, or other communications or documents required to be given, delivered or served or
which may be given. delivered or served under or by the terms and provisions of this Agreement
overnight delivery using a nationally recognized overnight courier, in which case notice shall be
deemed delivered one business day after deposit with such courier, (b) sent by certified or regular
U.S. mail, postage prepaid, in which case notice shall be deemed delivered two business days
after deposit in such mails, or (c) sent by personal delivery, in which case notice shall be deemed
delivered upon receipt or refusal of delivery. All notices shall be addressed, if to the Grantee, to
Grantee at:
City of Carmel
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
Attn: President
with a copy to:
Hall, Render, Killian, Heath Lyman, P.S.C.
One American Square, Suite 2000
Indianapolis, Indiana 46282
Phone: 317- 633 -4884
Fax: 317 -633 -4972
Attn: Robert A. Hicks, Esq.
or to such other address as Grantee may from time to time designate by written notice to Grantor,
or if to Grantor, addressed to Grantor at:
Doreen Y. Burgman
11520 Ralston Avenue
Carmel, Indiana 46032
or to such address as may be designated by the Grantor from time to time.
7. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR GRANTEE
x j a/2 acv By:
Doreen Y. rgman
Printed: Stephen Engelking
Title: Director of Administration
3
STATE OF NDIANA
SS:
COUNTY OF >coNE
Before me, a Notary Public in and for said County and State, personally appeared Doreen
Y. Burgman, Grantor and who, having_ been duly sworn, acknowledged the truth and accuracy of
the representations made herein and the execution of the foregoing Agreement.
2c y
Witness my hand and Notarial Seal this J Vi,day of FE73 r u,Y
My commission expires: S /oS 0 N �rn,,C�t c�- 7-xati✓
t N
i oaryPub lic
I am a resident of goo N t County, Indiana
ILL D, 5 u ie(7 1p t c�;:.:...
Printed Name
STATE OF T1,; L;,
SS:
COUNTY OFD/ /7%A/
1 N1117 1H�
Before me, a Notary Public in and for said County and State, personally appeared
Stephen Engelking, the Director of Administration of Grantee, who, having been duly sworn,
acknowledged the truth and accuracy of the representations made herein and the execution of the
foregoing Agreement for and on behalf of said Grantee.
Witness my hand and Notarial Seal thi day of P/Z 200
My expires: ires: 6 7- o
P
Notary Public
I am a resident of 7h 41z IOC/mint Indiana //yy,,
vim(�Q6,vCL /12• ag /mc(I,YA/
Printed Name
/Zr> /-t'. *C
5
EXHIBIT "A"
Project: STP -B886( Sheet 1 of 1
Parcel: 33 Perpetual Easement
A part of Lot 4 in Donnybrook Addition, an addition in Hamilton County, Indiana, the
plat of which is recorded in Plat Book 2, page 233, in the Office of the Recorder of Hamilton
County, Indiana, and being that part of the grantor's land lying within the right -of -way lines
depicted on the attached Right -of -Way Parcel Plat marked as Exhibit "B described as
follows: Beginning at the northwest corner of said lot; thence South 89 degrees 22 minutes 48
seconds East 37.975 meters (124.59 feet) (124.60 feet by plat of said addition) along the north
line of said lot to the northeast corner of said lot; thence South 0 degrees 37 minutes 12
seconds West 8.421 meters (27.63 feet) along the east line of said lot to point "795" designated
on said parcel plat; thence South 80 degrees 18 minutes 20 seconds West 30.194 meters (99.06
feet) to point "794" designated on said parcel plat; thence South 89 degrees 50 minutes 14
seconds West 8.472 meters (27.80 feet) to the west line of said lot; thence North 1 degree 27
minutes 07 seconds East 13.944 meters (45.75 feet) along said west line... to the point of
beginning and containing 446.7 square meters (4,808 square feet), more or less.
teeol ourtanno
Ilk
This description was prepared for the City of Carmel by John M. f j
p ip tiSYE 44 a :e
Garvey, Indiana Registered Land Surveyor, License No. S0148, on the 4
2n day of November, 2001. a
rt No. SO14
This description was written from information obtained from the 3' of 8 .;,1Q 1
recorder's office and other sources which were not necessarily checked 4
by a field survey. s 2
/iii.. m :fkrf//
EXHIBIT "B° SHEET 1 OF 2
RIGHT —OF —WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
PARCEL: 33 OWNER: BURGMAN, DOREEN Y.
PROJECT: STP -B886( DES. NO.: 9785910 9785911
ROAD: 116th STREET INSTRUMENT NO. 9909918181 DATED: 3 -17 -99 DRAWN BY: C.J. HOGSTON, 10 -28-01
COUNTY: HAMILTON CHECKED BY: J.R. RITTER, 10 -31 -01
SECTION: 1
TOWNSHIP: 17 N. Hatched area is the
RANGE: 3 E. approximate taking.
Dimensions shown below are from the above listed record documents. 0 50' 100'
Centerline stationing tic marks are shown at 20 meter intervals.
SCALE: 1' 50'
560 0 0 0 41/0 1
116th STREET �N N N 566
c.+ Line "PR -1"
ami
36 36
36 31
809.60'
1 1 1 6
508 w
Z
w
S0, Q R/W
R/W Z
Cr) -i.\
J
Q
C 3
ce
ce
I
15' Drainage Utility Strip
I 20' Drainage
I Utility Strip
124.60' [SIC]
NN., Z Lot 16
795 0
793 794
Z M
E N N Q 0 CV
N Residue N U ton
x
CI. Lot 4 O p O E-+ C V
0 C4 .-a
cm m
z
126.37' Z x
0
Lot 5 q
This plot was prepared from information obtained from the recorder's office
r,nrl rOh'or ennrroc ,uhirh were not neressnrily cherked by n field survey.
EXHIBIT "B" SHEET 2 OF 2
RIGHT -OF -WAY PARCEL PLAT
PREPARED FOR THE CITY OF CARMEL
PARCEL: 33 OWNER: BURGMAN, DOREEN Y.
PROJECT: STP -8886( DES. NO.: 9785910 9785911
ROAD: 116th STREET DRAWN BY: C.J. HOGSTON, 10 -28 -01
COUNTY: HAMILTON CHECKED BY: J.R. RITTER, 10 -31 -01
SECTION: 1
TOWNSHIP: 17 N.
RANGE: 3 E.
POINT REFERENCE TABLE (METRIC UNITS)
(NOTE: STATIONS OFFSETS CONTROL OVER BOTH NORTH EAST
COORDINATES AND BEARINGS DISTANCES)
POINT CENTERLINE 1 STATION OFFSET NORTHING 1 EASTING
508 x "PR -1" 2 +009.481 3.200 Rt. 4636.563 5015.612
515 "PR -1" 2 +818.967 0.000 Rt. 4638.861 5825.074
560 "PR -V 2 +009.460 0.000 Rt. 4639.763 5015.582
566 "PR -1" 2 +390.002 0.000 Rt. 4640.843 5396.122
575 "PR -1" 2 +000.407 3.200 Rt. 4636.479 5006.559
793 "PR -1" 2 +203.000 185.000 Rt: 4455.313 5209.646
794 "PR -1" 2 +215.000 185.000 Rt. 4455.347 5221.646
795 "PR -1" 2 +244.778 180.000 Rt. 4460.432 5251.410
I See 'Location Control Route Survey Plat'
SURVEYOR'S STATEMENT
To the best of my knowledge and belief, this plat, together with the 'Location
Control Route Survey Plat' recorded as Instrument No. 200000059060 in the
Office of the Recorder of Hamilton County, Indiana, (incorporated herein and
made a part hereof by reference) comprise a Route Survey executed in
accordance with Indiana Administrative Code 865 IAC 1 -12, (Rule 12).
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.g Farrar, Garvey Associates, LLC M. 1�
G a 8.925 N feridfao t ladianapolis, IN 46260 G �'s T E L
(317) 844 -8900 FAX (317) 844 -9158 O Fo L.
No. 50148
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STATE OF
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Reg. Land:Surve•or No. 50148 Niirrrriitntt